[stinkytaco]

That case specifically stated that the Rio was not covered under the AHRA because the AHRA covered copying to analog media and digital media specifically meant for copying. It implies that "space shifting" is fair use, but it's also pretty clear that fair use is not what's being litigated. That language is interesting, but tangential. Until an actual consumer who is copying their music is sued, we just don't know.

I still maintain that where both Universal v. Sony and RIAA v. Diamond are persuasive, the facts are not enough to bind a future court. Ripping CDs may be fair use, but there's not enough legal precedent to say for sure.

And p. 117 doesn't really apply here because the copy is not for archival purposes, it's for use in an emulator. That is not "archival".

As I said, I'm playing devil's advocate here, I don't necessarily disagree with your argument, but I do firmly feel there is a great deal of legal uncertainty in this area.